Kentucky courts continue to closely scrutinize consumer contracts, particularly those involving arbitration provisions. In light of recent federal and state court decisions, however, the framework for analyzing the enforceability of arbitration agreements has shifted. Courts can no longer target arbitration provisions for disfavored treatment on grounds not applied to other contractual terms.

The Associated General Contractors of America, Inc. (“AGC”), the U.S. construction industry’s largest trade association, has taken dead aim at the controversial Paycheck Protection Program (“PPP”) loan necessity questionnaire (the “Questionnaire”) that was recently introduced by the U.S. Small Business Administration (“SBA”) and the so-called PPP “necessity” certification (the “Necessity Certification”). The Necessity Certification is the SBA requirement that PPP loan applicants certify in good faith that economic uncertainty makes the loan request necessary to support ongoing operations.

The World Health Organization (WHO) officially declared COVID-19 a pandemic on Wednesday, March 11, 2020. While we have all experienced the effects the spread of the novel coronavirus has had on our daily lives, the total impact the virus will have is still unclear. As the virus continues to run its course, contractors and owners must begin to address concerns with project delays, liquidated damages clauses, and cost overruns on projects—to name a few.

Stites & Harbison has assembled a Coronavirus Response Team which consists of a cross-disciplinary task force of attorneys and critical staff members to ensure our firm remains “On the Job” for you. Updated 02/04/21

COVINGTON, Ky.—Stites & Harbison, PLLC welcomes attorney Cassandra Welch to its Covington, Ky., office.